Art. 4904. Default judgment in parish and city courts
A. In suits in a parish court or a city court, if the defendant fails to answer timely, or
if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent
and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
B. When the suit is for a sum due on an open account, promissory note, negotiable
instrument, or other conventional obligation, prima facie proof may be submitted by
affidavit. When the demand is based upon a promissory note or other negotiable instrument,
no proof of any signature thereon shall be required.
C. When the sum due is on an open account, promissory note, negotiable instrument,
or other conventional obligation, a hearing in open court shall not be required unless the
judge in his discretion directs that such a hearing be held. The plaintiff shall submit to the
court the proof required by law and the original and not less than one copy of the proposed
default judgment. The judge shall, within seventy-two hours of receipt of such submission
from the clerk of court, sign the proposed default judgment or direct that a hearing be held.
The clerk of court shall certify that no answer or other pleading has been filed by the
defendant. The minute clerk shall make an entry showing the dates of receipt of proof,
review of the record, and rendition of the default judgment. A certified copy of the signed
default judgment shall be sent to the plaintiff by the clerk of court, and notice of the signing
of the default judgment shall be given as provided in Article 1913.
D. When the demand is based upon a right acquired by assignment in an open
account, promissory note, or other negotiable instrument, the court may raise an objection
of prescription before entering a default judgment if the grounds for the objection appear
from the pleadings or from the evidence submitted by the plaintiff. If the court raises an
objection of prescription, it shall not enter the default judgment unless the plaintiff presents
prima facie proof that the action is not barred by prescription. Upon the plaintiff's request,
the court shall hold a hearing for the submission of such proof.
Acts 1986, No. 156, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §5, eff. Jan. 1,
2022; Acts 2021, No. 259, §2.